(영문) 대전지방법원 2015.07.14 2015가단12854

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(영문) 대전지방법원 2015.07.14 2015가단12854

배당이의

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1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On September 23, 2012, the Plaintiff: (a) leased the lease deposit of KRW 25,00,000, monthly rent of KRW 200,000, and the lease term of KRW 201 on September 25, 2014; (b) completed the move-in report on September 27, 2012; (c) completed the said move-in report on September 27, 2012; and (d) succeeded to the lessor’s status against the Plaintiff by acquiring the ownership of the instant building from D on September 12, 2013.

B. On June 20, 2014, the Dong Daejeon Saemaul Community Depository received a voluntary decision to commence the auction procedure with respect to the instant building from this court C (hereinafter “instant auction”), and the said court of execution determined the closing date for the demand for distribution of the instant auction procedure on September 11, 2014.

C. The Plaintiff did not report the right to the said right of lease or submit a claim statement, etc. (only on January 30, 2015, the said executing court filed a report on the right to demand a distribution with the said executing court and filed an application for extension of the completion period to demand a distribution while requesting a distribution). On April 8, 2015, the said executing court set the amount to be actually distributed on the date of distribution of the instant auction procedure at KRW 1,041,283,697, as the lessee (house) who was the last priority and obtained a fixed date, and set up a distribution schedule 32.70,077 won and excluded the Plaintiff from the distribution procedure.

On the date of the above distribution, the Plaintiff raised an objection against KRW 19,00,000 out of the amount of distribution to the Defendant under the above distribution schedule.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 3, 5, purport of the whole pleadings

2. Determination

A. The plaintiff's assertion is the small-sum lessee who satisfies the requisite to set up against the Housing Lease Protection Act and has the right of priority repayment prior to the defendant with regard to a certain amount of deposit.

However, in the auction procedure of this case, the execution court shall serve the plaintiff by mail at the address of the plaintiff.

참조조문

-주택임대차보호법

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